Haverhill Workers’ Compensation Lawyer

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Workplace injuries can happen immediately in a serious accident or develop over time from exposure and overexertion. If you have losses because of the injuries you sustained at work, our attorneys can help you file a claim for benefits.

Workers’ Compensation is the primary method of covering employees injured on the job. Our team can help ensure that the application process is completed correctly, guiding you on reporting your accident, getting medical care, and gathering evidence to support your claim. Our team can determine your eligibility status and what benefits you are likely to recover. If your injuries are permanent, you can receive benefits indefinitely or get benefits for several years for temporary losses.

If you were injured at work, our Workers’ Compensation attorneys can provide a free case review today when you contact the Law Office of John J. Sheehan at (617) 925-6407.

Common Reasons for Filing for Workers’ Compensation Benefits in Haverhill, MA

Most workers in Haverhill are exposed to some form of danger while on the job. Negligent drivers can injure commercial ones, workers on construction sites sometimes fall or are struck by falling objects, while others are injured because of dangers in the workplace or inherent in their occupation. In most situations, if an employee is injured on the clock, they can typically turn to Workers’ Compensation for benefits. Our Workers’ Compensation attorneys can support your claim by showing that the cause of your accident and resulting damages were work related. We can also gather current and past medical records if exposure or occupational factors caused your injuries.

Vehicle Accidents

Numerous workers drive company vehicles as part of their job duties, so vehicle accidents are a common cause of Workers’ Compensation claims. Perhaps you were making deliveries or running a work-related errand when another driver hit you. Employees, like construction workers, might be injured by a coworker or delivery driver on a project site. Or, you could have been injured in a forklift accident at your warehouse.

A positive aspect of Workers’ Compensation insurance is that fault is not an issue when filing a claim, meaning you can recover benefits even if you were to blame for the accident. As long as you did not intentionally cause your damages, like horseplaying, you can file a claim.

Falling Accidents

Falling accidents are a constant danger in many types of industries, including housing construction, tree and landscaping care, office window cleaning, and others where the risk of falls is higher. A fall from even a few feet from the ground can cause serious injuries, which is why most employers must have protective equipment and gear for work involving the potential for falls.

Workers should also be protected from falling objects. For example, construction sites for office and apartment buildings have several people working on various levels, exposing workers below to falling tools and equipment. If you do not know who is responsible for the falling object, you can still file a claim by showing that the accident happened during work.

Accidents with Equipment

Many workers are injured while using equipment necessary for their jobs. A restaurant employee might suffer an amputated finger by losing focus while cutting vegetables. Workers in heavy industries are often hurt by inherently dangerous machinery, like when coworkers operate equipment without training or understanding the instructions.

Sometimes, the reason to file a claim is because the equipment was produced defectively. Fortunately, you do not need to prove how the manufacturer contributed to your injuries to get Workers’ Compensation benefits.

Exposure to Toxic Chemicals

In some cases, a worker is exposed to toxic chemicals, but their injuries take months or years to develop and link with their employment. Some workers develop cancers over long-term exposure to dangerous construction materials or agricultural chemicals. Others suffer from respiratory problems, painful skin conditions, and vision damage because of toxic exposure.

The challenge to recovering Workers’ Compensation benefits in these cases is showing that work caused your medical conditions. Our lawyers will typically use evidence like medical records and company documents to support these claims.

Electrocution

Numerous employees’ work exposes them to injuries from electrocution. For example, construction sites typically have painters, roofers, carpenters, and many others working there that can be injured if an electrician leaves live wires exposed. Workers can also file a claim if they are injured by equipment that has an electrical defect.

Electrocutions are one of the main causes of Workers’ Compensation claims for serious and fatal injuries. Many electrocution victims suffer burns, scarring, and disfigurement, while others have long-term nerve damage that prevents them from working again. Your compensation will depend on how long your injuries keep you out of work. Still, you might be entitled to additional compensation if you were disfigured or sustained other specific injuries.

Other Occupational Injuries

Other types of work-related injuries can take time to develop besides chemical exposure. For instance, employees working in a loud environment might be able to file a claim for hearing loss. Other workers develop stress injuries and nerve damage because of the repetitive motions involved with the job, like lifting or scanning and moving packages at a delivery center. These injuries are often painful and require corrective surgery, which Workers’ Compensation should cover when the injuries are linked to the work you performed.

What to Do After Getting Injured on the Job to Claim Workers’ Compensation Coverage in Haverhill, MA

Although you do not need to prove fault when filing for Workers’ Compensation, other steps must be taken to preserve your right to recover benefits. You must report the accident to your employer right after so that they can start your claim and you can get medical treatment. It is also a good idea to gather evidence and talk to eyewitnesses before leaving the scene in case the insurance company challenges your claim. You should also contact our team for help organizing your medical records and explaining what compensation you can expect to recover.

Report Your Accident to Your Employer Immediately

The sooner you report your work accident to your employer, the faster you will likely get the benefits you need. Your injuries might prevent you from reporting immediately, but you can get help from coworkers, family, and our legal team if you are too hurt to report to your employer.

Once you report the incident, your employer has seven calendar days to file a “notice of injuries” with their Workers’ Compensation insurance provider, according to Mass. Gen. Laws Ch. 152 § 6. The notice must detail the names of the involved workers, the nature of the employer’s business, the victim’s age and occupation, and the date, circumstances, nature, and causes of the injuries. The insurer can also request additional information concerning the accident to help assess the claim. You should receive benefits after the fifth calendar day out of work, regardless if the days are consecutive.

In some instances, you might need to report your injuries to the Department of Industrial Accidents (DIA) directly. Perhaps your employer forgot or intentionally failed to report your accident, or they did not have coverage. Your employer’s insurance provider might have ignored the claim or denied it without good cause. Or, the insurance company approved your claim but denied the full benefits you are entitled to. In other cases, workers do not discover the causal link between their injuries and their employment until sometime after they were initially hurt.

In these situations, § 41 gives injured workers four years from the date of the accident, or the date they first became aware that their injuries were work-related, to file a claim with the DIA. Our team can help you complete the DIA’s Form 110 for an employee’s claim and gather any evidence they request to process your application.

Gather Evidence and Speak to Witnesses

Although you do not need to prove negligence to get approved for Workers’ Compensation benefits, you will need evidence to show the accident happened during the course of work and substantiate the extent of your injuries. Several forms of evidence can help.

Photos and videos of the accident scene, your injuries, the equipment involved, and anything else you photographed that is relevant to deciding your claim can be used as evidence. Taking pictures or videos with your phone or having coworkers or other eyewitnesses do it is the best way to preserve evidence that will likely be cleaned away once you leave to get medical attention. Our team might also be able to obtain security footage of the incident if we start your claim quickly enough.

If coworkers or others saw your accident, speak to them before leaving the scene if you are able. They can help you clarify how the accident occurred and attest to the pain you experienced. You might not have had a chance to talk to eyewitnesses before going to the hospital. Still, our team can review company accident reports to identify others involved in the incident.

Medical records will also be crucial to your Workers’ Compensation claim, as the insurance provider must know what type of benefits your injuries qualify for. Our team can gather records from your doctors, the insurer’s medical providers, surgeons, chiropractors, and others and organize them for your claim. However, some requirements are placed on injured workers’ treatment choices.

Get Medical Care to Document Your Injuries

Your employer’s Workers’ Compensation insurer will almost certainly want to document your injuries, which is why you must usually submit to a request for an independent medical examination performed by a registered physician chosen by the insurer under § 45. The insurance provider can also request independent exams once every six months as long as you are receiving benefits.

Employees can have a physician of their choosing present at an independent examination but at their own expense. If an injured employee refuses to undergo a valid independent medical exam when applying for or receiving benefits, their claim will be denied or compensation suspended.

This rule does not prevent you from seeking other medical treatment, and you will likely have medical evaluations from your own healthcare providers that can be used to document your injuries. If your injuries are serious enough to keep you out of work for six months or longer, our team can gather treatment records for insurer reviews of your claim. Your medical documentation will also be necessary if you need to file a lawsuit for your workplace accident.

Contact Our Legal Team

To get the most for your injuries and ensure you are being treated fairly during the claims process, it is a good idea to contact our attorneys when you decide you need Workers’ Compensation benefits. Our team can quickly determine if your type of employment makes you eligible for Workers’ Compensation or if you must pursue damages in a lawsuit.

We can also explain how much of your lost wages you can recover, depending on whether your injuries are permanent, temporary, or of a specific nature. Our lawyers also have the experience to help surviving family members recover death benefits from Workers’ Compensation for a loved one’s lost wages.

Determining Whether an Employee is Covered Under Workers’ Compensation in Haverhill, MA

Workers’ Compensation insurance covers most employees in Haverhill and throughout Massachusetts, with a few specific exceptions that exclude some forms of employment. However, the increase in independent contractors and third-party companies can make determining eligibility challenging. Our team will confirm your employment status and the best methods to cover your damages under the circumstances.

Eligible Employees

An employee is defined under § 1(4) as any person working for another under a contract to hire, whether the employment contract was express or implied in a verbal or written agreement. This broad definition applies to numerous types of employees, so you are likely eligible for benefits.

A few types of workers are specifically excluded from applying for benefits, typically because they get coverage from other sources. For instance, sea vessel captains and maritime workers involved in interstate or foreign commerce are not considered eligible employees since federal insurance usually covers them. Professional athletes are excluded if their contract stipulates lost wages to be paid while disabled from an employment-related injury. Taxicab drivers are also not considered covered employees. Salespeople engaging in foreign or interstate commerce or with a real estate broker are also excluded from the above definition.

Independent Contractors

Independent contractors are also not defined as traditional employees and will not be eligible for Workers’ Compensation benefits. A few criteria must be met under Ch. 149 § 148B(a) to classify a worker as an independent contractor. A worker is independent if they direct and control the performance of their services, which are outside the usual course of the employer’s business. Employees must also be engaged in an established independent trade, profession, occupation, or business that customarily performs the same services.

Although Workers’ Compensation benefits might not be available, injured independent contractors will likely still have options to cover their damages. You might have independent Workers’ Compensation coverage you can file with. In other cases, filing a lawsuit against the party who caused the accident is the best way to get compensated fully.

Types of Benefits that Workers’ Compensation Provides in Haverhill, MA

Injured employees covered by Workers’ Compensation insurance usually get benefits for any necessary medical treatment and a certain percentage of their lost wages based on the type of injuries and length of time they will keep the person out of work. Compensation for the wrongful death of an employee is also available that certain family members can claim. Our team can assess your damages to determine the benefits you might be entitled to.

Medical Benefits

Numerous medical benefits are generally provided for by Workers’ Compensation. Benefits include any reasonable and adequate care you require, prescription medication reimbursement, and travel costs for medical appointments. Future treatments and surgeries should also be included in your necessary medical expenses.

Total Incapacity Compensation

An employee whose injuries totally prevent them from working for a certain period of time but is expected to return after treatment is usually entitled to temporary total incapacity compensation. During the time they are out of work, the claimant will receive 60% of their average weekly income before the accident, according to Ch. 152 § 34. However, total incapacity benefits will only be paid for 156 weeks but no longer.

Permanent and Total Incapacity Compensation

Workers with permanent and total incapacitation from their injuries are not expected to return to work, regardless of treatment. For example, victims with severe spinal cord injuries or amputated limbs will likely qualify for permanent and total incapacity benefits.

Under § 34A, permanently and totally injured employees would recover two-thirds of their average weekly income before being injured but not more than the maximum or less than the minimum weekly benefits rate. These benefits are also not subject to any cap on the maximum amount of weeks victims can receive them but are paid indefinitely. Yearly costs of living adjustments can also increase the amount of average weekly wages permanently injured workers get over time, as per § 34B.

Partial Incapacity Compensation

Some employees get injured but not severely enough to prevent them from working in some capacity. When an injured worker takes on lighter duty, reduces working hours, or is limited to certain tasks, they could qualify for partial incapacity compensation to cover the reduction in wages.

According to § 35, the compensation you would receive for partial incapacity is 60% of the difference between your average weekly income before being injured and the weekly income you are capable of earning after the accident. However, it cannot be more than 75% of what you would get if you qualified for total incapacity benefits.

Partially incapacitated workers can receive compensation for a maximum of 260 weeks. This weekly limit can be extended to 520 weeks if your employer’s insurer agrees or an administrative judge finds that your injuries caused 75% or more loss of any bodily function or sense, sustained a permanently life-threatening physical condition, or developed a permanently disabling occupational disease with a physical cause and nature.

Specific Injuries Compensation

Injured employees with certain specific injuries listed under § 36 can get additional compensation for the damages such injuries cause. This includes benefits for the loss of one or both eyes, hearing loss, amputations of hands and limbs, bodily disfigurement, and other losses recognized in the American Medical Association’s standards for evaluating permanent impairments.

For example, a worker whose injury causes a total loss in the use of an eye can receive 39 times their average weekly income. How much benefits are multiplied depends on what body part or system was involved in your injuries.

Death Compensation for Dependents

An employee’s dependents can also file a claim for death compensation after a fatal workplace accident. Spouses, children, and others wholly dependent on deceased workers can receive up to two-thirds of the victims’ average weekly wages, according to § 31. However, If a widow or widower remarries, their payments will stop, but the children can still receive some benefits.

When You Can File a Lawsuit Rather Than a Workers’ Compensation Claim in Haverhill, MA

In general, you cannot file a lawsuit against your employer for a workplace injury under § 24. In some cases, though, filing a lawsuit is the best and only option to recover compensation.

Perhaps you were injured because of willful and serious misconduct by your employer, like knowingly violating safety regulations on a construction site. If so, you can either file for Workers’ Compensation and potentially receive double your benefits or file a lawsuit for economic and non-economic damages, according to § 28.

You can also file a lawsuit if a third party caused your work injuries. For example, a negligent driver who hit you while making a delivery or a manufacturer who made defective equipment that injured you can be sued for their negligence.